Govindprasad Shrigopal Mundada v. The Additional Collector, Jalna And Another

2025:BHC-AUG:2305 1 19-CP 830-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 830 OF 2022 IN MISC. CIVIL APPEAL NO. 39 OF 2020 Govindprasad Shrigopal Mundada .. Petitioner

Versus

The Additional Collector, Jalna and another .. Respondents Mr. Chandrakant D. Biradar, Advocate for the Petitioner. Mr. P. D. Patil, AGP for Respondent No. 1.

WITH CIVIL APPLICATION NO. 11175 OF 2024 IN CP/830/2022 Govindprasad Shrigopal Mundada .. Applicant

Versus

The Additional Collector, Jalna and another .. Respondents Mr. Chandrakant D. Biradar, Advocate for the Applicant. Mr. P. D. Patil, AGP for Respondent No. 1.

CORAM :

KISHORE C. SANT, J.

DATED : 24th JANUARY, 2025.

P. C. :- .

Heard learned advocate for the petitioner.

2.

The petitioner has alleged that the respondents have committed contempt of the order passed by the learned District Judge-5, Jalna

2 19-CP 830-2022.odt dated 21.11.2020 in Misc. Civil Appeal No. 39/2020. It is pointed out that the learned District Judge by impugned order had restrained the respondent therein i.e. Shivaji Bapurao Kadam from disposing of the suit land and not to change boundaries in record. It is submitted that, in spite of this order, a sale deed is executed in respect of the land on 03.09.2020. He further submits that, the boundaries are wrongly shown by the contemnors thereafter. He thus prays for initiating action of contempt against the respondents.

3.

The respondent No. 1 is the Additional Collector, Jalna and respondent No. 2 who is party by name is Sub Divisional Officer, Jalna. 4.

From looking to the sale deed it is clearly seen that, the sale deed is prior to the order passed by the learned District Judge. Secondly, though the parties to the sale deed are defendants, none of them is made party to this contempt petition. It is not stated as to in what manner the present respondents have committed contempt of this Court.

5.

This Court does not find any merit in the contempt petition. The civil suit is still pending.

3 19-CP 830-2022.odt 6.

With this, the contempt petitions stands disposed of. 7.

In view of disposal of contempt petition, civil application also stands disposed of.

( KISHORE C. SANT, J. ) P.S.B.